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KS HB2323
Bill
Status
2/25/2025
Primary Sponsor
Judiciary
Click for details
AI Summary
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Commissioner of insurance may bring civil action in district court against persons who commit fraudulent insurance acts, with civil penalties up to $10,000 per act, plus restitution to insurers and payment of investigation fees
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Burden of proof in civil actions is preponderance of evidence; defendants cannot refuse to testify based on self-incrimination privilege, but compelled testimony cannot be used against them in criminal cases
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Expunged criminal records for fraudulent insurance acts must be disclosed when applying for licensure as an insurance producer or public adjuster; Kansas Insurance Commissioner may request these expunged records for licensing purposes
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Kansas automobile assigned claims plans are added to existing fraudulent insurance act provisions, requiring them to report suspected fraud and maintain antifraud initiatives like insurers
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Automobile assigned claims plans receive the same civil liability protections as insurers when reporting suspected fraudulent insurance acts to law enforcement or regulatory agencies
Legislative Description
Establishing procedures for a civil action instituted by the commissioner of insurance related to fraudulent insurance acts, providing that expunged criminal records will be disclosed in any application for licensure as an insurance producer or public adjuster if the arrest, conviction or diversion is for a fraudulent insurance act and including automobile assigned claims plans in provisions related to fraudulent insurance acts.
Last Action
Senate Committee Report recommending bill be passed as amended by Committee on Judiciary
3/13/2026